H&C

[mingota19]

Yes medical treatment can b acceptable as a ground for humanitarian,but from my experience I think they are more compassionate if the child is born in Canada. Just my observation.i Did the same application 16 years ago.my son was born premature in canada and he is was in need of continuous follow up to achieve his potential.i think might b a health condition that is long term and progressive and probably will impact the child 's life .Your daughter is now in good health condition;she is now cancer free..i don't want to b pessimistic but they might not b touched by this.but keep faith..wish u and your family all the best

 

[carolbb23]

With h&c chances are low

 

[hurricane_loop]

Your daughter's check-ups will become less regular as she grows older is not a sufficient H&C reason. She is not actively sick. Also don't believe Iraq is on the list of countries where there are no removal orders. Actually not being accepted as a refugee but not being able to be deported is not situation I would recommend. Hopefully you have some other reasons or proof that H&C will find compelling.

Hi Canuck78, thanks for reply.
so what H & C considering. more than follows
1- I'm a minority in Iraq,
2- we have political instability. there is no guarantee what happens tomorrow, and there is no freedom at all, politic parties are dectators, and they only stealing money and not serving the community. Therefore the country now under a big corruption.
3- regarding I have made my daughter's surgery outside Iraq because we lack for necessary health services. even though we have problems in diagnosing. I couldn't do a simple blood test for my daughter, to diagnose her, I took her to another country to diagnose her situation.
so what is humanity more than that a child condition if she died in a country where the health service simply is rubbish. I have relatives who died because of wrong diagnosis and treatments.
4- how about employment, The Government's economic and the corruption made the country in trouble.In the last 3 years in the home country. I have been working without the real salary. What I mean here, you get paid 1/3 your salary after 3 months. Example: salary of a January is $1200. so you are getting $400 in April. Salary of February in May with 1/3 again and so on for the rest.
5- Iraq passed the most worse period last 30 years. It passed War in !980-1988, A war in 1991, and internal War between parties 1994-1998. an in the last 4 Years, there was ISIS ( The most Terorist organization in the world), they were only 100 KM away from my house. so how come you say Iraq is not a country where not removal orders to be.
6- how about Women, do you know there is no right for them most of the things, even if they have it, the community make women shame on doing some things. so my wife's situation is not stable.
7- there is no judge, or judging the criminals. do you know how many people killed without reason, and nobody or arrested the criminals, I have 3 nearby friends and neighbors are killed without any reason. so how I can guarantee my life there when I back.

so you don't think the above is not humanity cases, please reply and I can provide you more. Thanks

 

[carolbb23]

Hi Canuck78, thanks for reply.
so what H & C considering. more than follows
1- I'm a minority in Iraq,
2- we have political instability. there is no guarantee what happens tomorrow, and there is no freedom at all, politic parties are dectators, and they only stealing money and not serving the community. Therefore the country now under a big corruption.
3- regarding I have made my daughter's surgery outside Iraq because we lack for necessary health services. even though we have problems in diagnosing. I couldn't do a simple blood test for my daughter, to diagnose her, I took her to another country to diagnose her situation.
so what is humanity more than that a child condition if she died in a country where the health service simply is rubbish. I have relatives who died because of wrong diagnosis and treatments.
4- how about employment, The Government's economic and the corruption made the country in trouble.In the last 3 years in the home country. I have been working without the real salary. What I mean here, you get paid 1/3 your salary after 3 months. Example: salary of a January is $1200. so you are getting $400 in April. Salary of February in May with 1/3 again and so on for the rest.
5- Iraq passed the most worse period last 30 years. It passed War in !980-1988, A war in 1991, and internal War between parties 1994-1998. an in the last 4 Years, there was ISIS ( The most Terorist organization in the world), they were only 100 KM away from my house. so how come you say Iraq is not a country where not removal orders to be.
6- how about Women, do you know there is no right for them most of the things, even if they have it, the community make women shame on doing some things. so my wife's situation is not stable.
7- there is no judge, or judging the criminals. do you know how many people killed without reason, and nobody or arrested the criminals, I have 3 nearby friends and neighbors are killed without any reason. so how I can guarantee my life there when I back.

so you don't think the above is not humanity cases, please reply and I can provide you more. Thanks

Do you have proof if your life in danger or written proof of them wanting to kill you or police reports

 

[Buletruck]

Do you have proof if your life in danger or written proof of them wanting to kill you or police reports

At this point, with both a negative result from the IRB and Federal court, it's already been decided that proof doesn't provide enough evidence for a refugee claim. In fact, it's no longer a refugee claim from my understanding. H&C has an exceptionally narrow range of acceptable reasons for approval.

Unfortunately, it seems the only really strong point for your H&C claim is your children. Your focus should be the effect on returning them to Iraq and not the medical aspect in my limited opinion. I would definitely be working with a lawyer very familiar with the H&C process.

Other rules that apply to humanitarian and compassionate grounds:

• You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
• You cannot have more than one humanitarian and compassionate grounds application at the same time.
• We will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:
  • you have children under 18 who would be adversely affected if you were removed from Canada, or
  • you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.

http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp

 

[hurricane_loop]

Do you have proof if your life in danger or written proof of them wanting to kill you or police reports

hi, are people sent kill threaten before the real fact of killing, there is a random killing, they may kill without warning. may be you have a money or a car, or whatever....there are gangs because the country passes injustice.

 

[hurricane_loop]

At this point, with both a negative result from the IRB and Federal court, it's already been decided that proof doesn't provide enough evidence for a refugee claim. In fact, it's no longer a refugee claim from my understanding. H&C has an exceptionally narrow range of acceptable reasons for approval.

Unfortunately, it seems the only really strong point for your H&C claim is your children. Your focus should be the effect on returning them to Iraq and not the medical aspect in my limited opinion. I would definitely be working with a lawyer very familiar with the H&C process.

Other rules that apply to humanitarian and compassionate grounds:

• You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
• You cannot have more than one humanitarian and compassionate grounds application at the same time.
• We will not assess risk factors such as persecution, risk to life, cruel and unusual treatment or punishment.
• You cannot apply for humanitarian and compassionate grounds if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for humanitarian and compassionate grounds if you had a negative decision from the IRB within the last 12 months. This is called the “one year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:
  • you have children under 18 who would be adversely affected if you were removed from Canada, or
  • you have proof that you or one of your dependants suffers from a life-threatening medical condition that cannot be treated in your home country.

http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp

Hi Buletruck, could you check this one below as well.


Adverse country conditions


When an applicant submits information claiming that there are conditions in the country of origin that would result in hardship if they were not granted the exemption requested, decision makers must consider the conditions in that country and balance these factors into the hardship assessment. Adverse country conditions could include factors having a direct, negative impact on the applicant such as war, natural disasters, unfair treatment of minorities, political instability, lack of employment, widespread violence etc.

The onus is on the applicant to provide information to support the claim of adverse country conditions. In order to assess an application in which adverse country conditions are cited, decision makers should look at the submissions of the applicant and determine whether redress and/or relocation is available.
http://www.cic.gc.ca/english/resources/tools/perm/hc/processing/hardship.asp

 

[carolbb23]

hi, are people sent kill threaten before the real fact of killing, there is a random killing, they may kill without warning. may be you have a money or a car, or whatever....there are gangs because the country passes injustice.

Because with IRB want proof that you and your family life is in danger not hersay or rumours

 

[hurricane_loop]

Hi Buletruck, could you check this one below as well.


Adverse country conditions


When an applicant submits information claiming that there are conditions in the country of origin that would result in hardship if they were not granted the exemption requested, decision makers must consider the conditions in that country and balance these factors into the hardship assessment. Adverse country conditions could include factors having a direct, negative impact on the applicant such as war, natural disasters, unfair treatment of minorities, political instability, lack of employment, widespread violence etc.

The onus is on the applicant to provide information to support the claim of adverse country conditions. In order to assess an application in which adverse country conditions are cited, decision makers should look at the submissions of the applicant and determine whether redress and/or relocation is available.
http://www.cic.gc.ca/english/resources/tools/perm/hc/processing/hardship.asp

and also :


Factors to consider in a humanitarian and compassionate assessment


Applicants may base their requests for H&C consideration on any relevant factors including, but not limited to

• establishment in Canada for in-Canada applications;
• ties to Canada;
• the best interests of any children directly affected by the H&C decision;
• factors in their country of origin including adverse country conditions;
• health considerations including inability of a country to provide medical treatment;
• family violence considerations;
• consequences of the separation of relatives;
• inability to leave Canada has led to establishment (in the case of applicants in Canada);
• ability to establish in Canada for overseas applications;
• any unique or exceptional circumstances that might merit relief.

 

[hurricane_loop]

Because with IRB want proof that you and your family life is in danger not hersay or rumours

Thanks carolbb23,

but my refugee claim already rejected the appeal as well. I didn't understand how they decide that I'm not going to past because they already decided that unfair one, in another side.
The IRB has misled judges, that they don't have any ideas about most of the countries, and they judge persons on peace of paper, that they believe is invalid. there are people from a home country came here, where they have no reason to do claim, and they are part of Politics, and son of Parliament members there and they got the claim accepted. and people like me who are suffered and survived to live rejected. that's unbelievable.

 

[carolbb23]

and also :


Factors to consider in a humanitarian and compassionate assessment


Applicants may base their requests for H&C consideration on any relevant factors including, but not limited to

• establishment in Canada for in-Canada applications;
• ties to Canada;
• the best interests of any children directly affected by the H&C decision;
• factors in their country of origin including adverse country conditions;
• health considerations including inability of a country to provide medical treatment;
• family violence considerations;
• consequences of the separation of relatives;
• inability to leave Canada has led to establishment (in the case of applicants in Canada);
• ability to establish in Canada for overseas applications;
• any unique or exceptional circumstances that might merit relief.

I suggest you get your daugther specialist plus her pedertirican to write a letter to Irb to say listen if they cannot go back to Iraq there is no proper medical care and if God forbid her cancer come back there is no proper medical treatment or have medical professional to back your case

 

[carolbb23]

Thanks carolbb23,

but my refugee claim already rejected the appeal as well. I didn't understand how they decide that I'm not going to past because they already decided that unfair one, in another side.
The IRB has misled judges, that they don't have any ideas about most of the countries, and they judge persons on peace of paper, that they believe is invalid. there are people from a home country came here, where they have no reason to do claim, and they are part of Politics, and son of Parliament members there and they got the claim accepted. and people like me who are suffered and survived to live rejected. that's unbelievable.

Are you assyrian catholic, kurdish or yazdzi

 

[Buletruck]

Honestly, it's so difficult to say. The fact that the onus is on the applicant to provide the evidence can always be countered by the government. Remember, I am not a lawyer or member of the government making these decisions, but playing devils advocate, you claims on the war could be countered with the improving conditions due to the down fall of ISIS, iraqs increased oil production (economic improvement), etc. I still think the effect on your children (one daughter has been in Canada more than half her life) and their integration into Canadian society would be the strongest compelling factors. Not that they won't consider other things, but effect on children seems to be a significant consideration both with IRB and the courts. For research sake, check some of the court results in CanLi.

https://www.canlii.org/en/

 

[carolbb23]

Ihonrstly, it's so difficult to say. The fact that the onus is on the applicant to provide the evidence can always be countered by the government. Remember, I am not a lawyer or member of the government making these decisions, but playing devils advocate, you claims on the war could be countered with the improving conditions due to the down fall of ISIS, iraqs increased oil production (economic improvement), etc. I still think the effect on your children (one daughter has been in Canada more than half her life) and their integration into Canadian society would be the strongest compelling factors. Not that they won't consider other things, but effect on children seems to be a significant consideration both with IRB and the courts. For research sake, check some of the court results in CanLi.

https://www.canlii.org/en/

It's an uphill battle maybe he needs a new lawyer

 

[hurricane_loop]

Are you assyrian catholic, kurdish or yazdzi

am kurd